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Publications

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May 7, 2026

New Executive Order Regarding IRA Enhancements

Employee Benefits and Executive Compensation Alert
May 6, 2026

Insider Trading Safeguards Can Mitigate Sports Betting Risk

Law360
May 4, 2026

Employment Law Compliance for Start-Ups

Founder Focus Alert
April 30, 2026

Arbitration and Bankruptcy: Can a Debtor that is Party to an Arbitration Agreement Lack Authority to Arbitrate Core Bankruptcy Claims?

The Bankruptcy Strategist
April 22, 2026

Department of Labor Proposes New Safe Harbor for Fiduciary Investment Selection in Participant-Directed Retirement Plans

Employee Benefits and Executive Compensation Alert
April 22, 2026

Fresenius Ruling May Shift Anti-Kickback Enforcement

Law360
April 10, 2026

Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute

Litigation Alert
March 30, 2026

The Administration Is Illegally Firing Court-Appointed US Attorneys

The National Law Journal
March 26, 2026

Executive Order Addressing Anticompetitive Behavior In The Food Supply Chain Provides Insight On The Trump Administration’s Antitrust Enforcement Priorities

Competition Policy International
March 25, 2026

New York Legal Malpractice Cases Need Clear Causation Standards

Bloomberg Law
March 24, 2026

How to (Bench) Press an Opening Argument

American Bar Association's Antitrust Magazine
March 24, 2026

I Beg Your Pardon

Pretend Podcast
March 18, 2026

New York State – Mandatory Auto-IRA Program

Employee Benefits and Executive Compensation Alert
March 17, 2026

New York Proposal to Tax QSBS Gains

Founder Focus Alert
March 16, 2026

High Court's Hain Ruling Undermines Diversity Jurisdiction

Law360
March 12, 2026

What Does it Take for a Rogue Prosecutor to be Disbarred?

New York Law Journal
March 9, 2026

SEC Grants Targeted Exemption from Section 16(a) to Directors and Officers of Certain Foreign Private Issuers

Cross-Border Capital Markets Alert
March 9, 2026

U.S. Department of Labor Issues a New Proposed Rule on the Method for Classifying Workers as “Independent Contractors” Under the Fair Labor Standards Act

Employment Law Alert
March 5, 2026

IRS Issues Updated 402(f) Safe Harbor Rollover Notices Reflecting SECURE 2.0

Employee Benefits and Executive Compensation Alert
February 19, 2026

Trivia Competition Makes Me a Better Lawyer

Law360
February 18, 2026

The Fourth Circuit Rejects Facial Challenges to Executive Orders Addressing DEI Initiatives and Programs

Employment Law Alert
February 5, 2026

SEC Staff Relaxes 20 Business Day "Broker Search" Requirement for Proxy Solicitations

Cross-Border Capital Markets Alert
February 3, 2026

Website Accessibility Litigation Surges in New York as Defendants Refine Early-Stage Strategies

New York Law Journal
January 26, 2026

Bridging Section409A And Gift Tax Valuations

Wealth Management
January 8, 2026

Directors and Officers of Foreign Private Issuers Now Subject to Section 16(a) Reporting Requirements

Cross-Border Capital Markets Alert
January 7, 2026

Avoiding Trade-Secret Allegations During a Founder Transition

Founder Focus Alert
January 6, 2026

The Uncertain Fate of Algorithmic Pricing: RealPage’s Legal Battles Continue With Antitrust Settlements And A Preliminary Injunction

January 1, 2026

Judge Blasts Defendant for Ignoring Discovery Obligations and More

The Bankruptcy Strategist
December 17, 2025

There Are Limits to Congress’s Investigatory Powers

Business Crimes Bulletin
December 12, 2025

Preview of Expected Guidance for Employers on “Trump Accounts” and Upcoming Regulations Announced

Employee Benefits and Executive Compensation Alert
November 11, 2025

New York City Expands Safe and Sick Leave Law and Narrows Temporary Schedule Change Obligations

Employment Law Alert
October 31, 2025

Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary Judgment

The Intellectual Property Strategist
October 31, 2025

Founder Focus on Valuing Private Shares

Founder Focus Alert
October 2, 2025

Nasdaq Proposes Changes to Initial and Continued Listing Standards

Cross-Border Capital Markets Alert
October 1, 2025

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

The Bankruptcy Strategist
September 29, 2025

Administration Actions Targeting Domestic Terrorism and Their Implications for Nonprofits

Tax-Exempt Organizations Alert
August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

The Intellectual Property Strategist
August 21, 2025

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

Employee Benefits and Executive Compensation Alert
August 15, 2025

DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

Employee Benefits and Executive Compensation Alert
August 4, 2025

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

Employment Law Alert
July 24, 2025

The One Big Beautiful Bill: Top Tax Takeaways for Nonprofits

Tax-Exempt Organizations Alert
July 23, 2025

Highlights of the Employee Benefits Provisions in the One Big Beautiful Bill

Employee Benefits and Executive Compensation Alert
July 18, 2025

Strict Liability for Content Providers is Gaining Traction in New York

New York Law Journal
July 7, 2025

Changes to QSBS Rules

Founder Focus Alert
July 2025

Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 Vaccine

The Intellectual Property Strategist
July 2025

High Court Expands the Reach of the Wire Fraud Statute (Part III)

Business Crimes Bulletin
June 30, 2025

The Divestiture Rule Explained: A Judge-Made Doctrine Doesn't Necessarily Deprive a Lower Court of Ongoing Subject Matter Jurisdiction

The Bankruptcy Strategist
June 24, 2025

Even Nazi Saboteurs Deserve A Pro Bono Lawyer

The National Law Journal

Page 1 of 18

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Firm Highlights

Publication
New Executive Order Regarding IRA Enhancements
Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Blog Post
Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026). The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025. During their case, the debtors lost about $200,000 a...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court. The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
Publication
Employment Law Compliance for Start-Ups
Before you press "go" to launch your next business idea, as a founder and entrepreneur of a start-up company you should address an important (if uninspiring) step: employment law compliance. Complacency now can turn into an expensive distraction later, with the potential to create surprise liabilities and maybe even scuttle future deals. This alert flags core employment law issues every start-up should tackle now so they don't snowball later. Onboarding Compliance Checklist Before work can begin, employers must check an ever-growing number of compliance boxes: Register to Do Business: Register your company in each state where you have employees (e.g., the local departments of tax, labor, state, etc.). Workers' Compensation and Unemployment Insurance: Obtain both in each state where you have employees. New Hire Reporting:...
Blog Post
It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent Issues
Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance.   In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends. On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law. On June 3 at 2:00pm, Mr....
Event
Stephanie Glaser to Speak at American Conference Institute's 6th Annual Summit for Women Leaders in IP Law
On Wednesday, June 3, Counsel Stephanie Bunting Glaser will speak on a program at the American Conference Institute's 6th Annual Summit for Women Leaders in IP Law titled "Copyrights in Synthetic Media: Protecting Creativity in the AI Era." Ms. Glaser will join Emily Lanza (Senior Counsel, U.S. Copyright Office, Office of Policy & International Affairs) to explore new challenges created by artificial intelligence in copyright law and offer strategies for safeguarding creative assets. To learn more, please click here.
Publication
New Executive Order Regarding IRA Enhancements
Introduction On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access. Key Provisions and Implications The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).   The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Blog Post
Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026). The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025. During their case, the debtors lost about $200,000 a...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court. The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1] Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4] During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling. Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers. This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
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